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05-1541 - (PC) Rhorabough v. California Department of Corrections et al


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05-1541 - (PC) Rhorabough v. California Department of Corrections et al
August 10, 2005
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ORDER signed by Judge Craig M. Kellison on 8/8/05 ORDERING the Clerk to provide the Plaintiff w/a new IFP Application. Plaintiff shall submit w/in 30 days of the date of this order a completed IFP application. Failure to comply will result in a recommendation to dismiss this action w/out prejudice. Plaintiff's 3 Motion to Appoint Counsel is DENIED. (Sherman, T)
October 13, 2005
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ORDER signed by Judge Craig M. Kellison on 10/12/05 ORDERING CDC to collect fees from Pltf's acct. and forward to clerk until the $250.00 filing fee is pd. in full. Clerk to serve this order and a copy of pltf's IFP to Director of CDC. Clerk also serve Financial w/a copy of this order.(Brown, T)
October 28, 2005
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ORDER signed by Judge Craig M. Kellison ORDERING 1 Complaint filed by James R. Rhorabough is DISMISSED with leave of 30 days from date of this order to amend. (Waggoner, D)
October 28, 2005
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FINDINGS and RECOMMENDATIONS signed by Judge Craig M. Kellison recommending that dft CDC be dismissed, with prejudice, as an immune dft.(Waggoner, D)
March 17, 2006
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ORDER ADOPTING FINDINGS and RECOMMENDATIONS pltf's motion for an extension of time to file objections to the 10/28/2005 F&R's is GRANTED nunc pro tunc to 11/16/2005 19; the F&R's filed 10/28/2005 are ADOPTED in full 16; dft CDC is DISMISSED from this action because it is immune from suit in federal court under the 11th amendment, nor is a "person" under 42:1983; California Department of Corrections terminated. signed by Judge David F. Levi on 3/16/2006. (Reader, L)
May 23, 2006
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ORDER signed by Judge Craig M. Kellison on 5/22/06 ORDERING that: Pltf's 21 1st Amended Complaint is DISMISSED w/leave to amend; and Pltf shall file a second amended complaint w/in 30 days of the date of service of this order. (Brown, T)
June 5, 2006
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ORDER signed by Judge Craig M. Kellison on 6/2/06 GRANTING 25 Motion for Extension of Time. Plaintiff shall file a second amended complaint by 7/24/06.(Donati, J)
August 18, 2006
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FINDINGS and RECOMMENDATIONS signed by Judge Craig M. Kellison on 8/17/06 recommending that: pltf's 12 Motion for Injunctive Relief be Denied. Parties may file written objections w/in 10 days. (Brown, T)
September 28, 2006
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ORDER signed by Judge David F. Levi on 9/27/06 ADOPTING 28 FINDINGS and RECOMMENDATIONS in full; pltf's 12 motion for injunctive relief is DENIED. (Yin, K)
October 3, 2006
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FINDINGS and RECOMMENDATIONS signed by Judge Craig M. Kellison on 10/2/06 recommending that: pltf's 27 2nd Amended Complaint be Dismissed as to all claims against all dfts except pltf's due process claim against dft Carey only; and this matter be referred back to the Magistrate Judge for issuance of such orders as appropriate to effect service of the complaint on dft Carey. Parties may file written objections w/in 10 days.(Brown, T)
July 3, 2007
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ORDER ADOPTING 31 FINDINGS and RECOMMENDATIONS signed by Judge Ralph R. Beistline on 7/2/07. All claims in plaintiffs second amended complaint are dismissed, except plaintiffs due process claim against defendant Carey and this matter is referred back to the Magistrate Judge for issuance of such orders as are appropriate to effect service of the action. (Anderson, J)
July 26, 2007
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ORDER signed by Judge Craig M. Kellison on 7/25/07 ORDERING that service is appropriate for Tom Carey. Clerk to send plaintiff one USM-285 form for each defendant identified above, one summons, an instruction sheet, and copy of second amended complaint. Within 30 days of this order, plaintiff shall complete attached Notice of Submission of Documents and submit documents to the court: the completed notice of submission of documents; once completed summons; one completed USM-285 form(s) and two copies of the endorsed second amended complaint. (Anderson, J)
October 1, 2007
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FINDINGS and RECOMMENDATIONS recommending that action be dismissed, without prejudice, for lack of prosecution and failure to comply with Court rules and Orders, signed by Magistrate Judge Craig M. Kellison on 10/1/07. Within 20 days after being served with these F/Rs, any party may file written Objections with Court. (Marciel, M)
October 15, 2008
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ORDER signed by Judge John A. Mendez on 10/14/08 ADOPTING 35 FINDINGS and RECOMMENDATIONS. This action is dismissed, without prejudice, for lack of prosecution and failure to comply with court rules and orders. CASE CLOSED. (Streeter, J)